Gov’t to soften harsh sentence for imitation gun possession

Jamaica's tough gun laws are set for a shake-up this year, with Government moving to reduce the harsh penalties currently applied to people caught with imitation firearms.

National Security and Peace Minister Dr Horace Chang announced that amendments to the Firearms Act will soon be brought to Parliament, following growing criticism that the current law is too rigid.

Right now, the Firearms (Prohibition, Restriction and Regulation) Act, 2022 treats fake guns the same as real ones, meaning someone found with an imitation firearm can face a mandatory 15-year prison sentence.

The law broadly defines an imitation firearm as anything that looks like a gun, even if it cannot fire a bullet.

But Chang says that is about to change.

Speaking after the weekly post-Cabinet press briefing, the minister explained that the plan is to move imitation firearms into a different section of the law, allowing for lighter penalties.

The shift comes amid mounting concerns from legal experts and the public, who have argued that the current legislation leaves little room for judges to exercise discretion, particularly in cases involving children or items used for artistic or educational purposes.

Chang noted that when the law was introduced in 2022, Jamaica was grappling with high murder rates and there was strong public support for strict measures.

"At the time, the mood in the society was that anything that looks like a gun must be out of the space," he said.

However, he acknowledged that circumstances have changed and that Prime Minister Dr Andrew Holness has since called for a review of certain aspects of the law.

"Sometimes circumstances change quite dramatically and you have to go back and revise the law," Chang said, adding that the amendments are not expected to be major.

Criminal defence attorney Kimberli Whittaker has been among those raising concerns, pointing out that imitation firearms cannot cause physical harm and should not carry the same weight as real weapons.

"A toy gun, a prop weapon used in film or theatre, or even a crafted replica can fall under the same category as a real, functioning firearm," she said.

"An imitation firearm cannot discharge bullets. It cannot wound or kill... Treating both as identical erodes the principle of proportionality in sentencing," she added.

The proposed changes are expected to spark debate as lawmakers seek to strike a balance between public safety and fair sentencing.

- Livern Barrett

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